73rd Legislative Session -- 1998
Committee: House Judiciary
Friday, January 23, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Hunt, Chair
P
Hagg, Vice-Chair
P
Brown (Jarvis)
P
de Hueck
P
Duniphan
P
Fitzgerald
P
Matthews
P
Rost
P
Solum
P
Collier
P
Gleason
P
Moore
P
Volesky
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Hunt
MOTION:
TO APPROVE THE MINUTES OF January 21, 1998
Moved by:
Representative Gleason
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1011:
to revise certain statutes concerning landowner liability for certain
outdoor recreational purposes.
Proponents:
Representative Koskan
Opponents:
Bob Frieberg, SD Trial Lawyers
Scott Peterson, Department of Revenue
Presented by:
Representative Koskan
MOTION:
DEFER HB 1011 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(8-3-2-0)
Voting yes:
Hunt, Hagg, de Hueck, Duniphan, Rost, Solum, Gleason, Volesky
Voting no:
Brown (Jarvis), Fitzgerald, Moore
Excused:
Matthews, Collier
MOTION:
SUBSTITUTE MOTION AMEND HB 1011
r-1011
On page
1
,
line
7 of the printed bill
,
remove the overstrikes from "
nonmonetary
"
.
Moved by:
Representative Moore
Second by:
Representative Fitzgerald
Action:
Failed by voice vote.
HB 1079:
to revise the circumstances under which a law enforcement officer has
a duty to report certain motor vehicle accidents.
Chairman Hunt deferred action on HB 1079 until Monday, January 26, 1998
HB 1086:
to revise certain provisions regarding court-ordered temporary custody
of a child.
Proponents:
Representative Cheryl Madden
Presented by:
Representative Cheryl Madden
MOTION:
DO PASS HB 1086
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Solum
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Solum, Collier,
Gleason, Volesky
Excused:
Duniphan, Moore
HB 1093:
to increase the amount of property exempt from process.
Chairman Hunt deferred action on HB 1093 until Monday, January 26, 1998
HB 1098:
to allow coroners to issue subpoenas outside their own county and to
allow special death investigators to issue subpoenas.
Proponents:
Chuck Schroyer, States Attorney Association
Presented by:
Representative Hunt
MOTION:
DO PASS HB 1098
Moved by:
Representative Solum
Second by:
Representative Volesky
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Solum,
Gleason, Moore, Volesky
Voting no:
Duniphan
Excused:
Collier
HB 1056:
to revise the procedure to fix a new time period for execution of a death
sentence if the time period established by the original warrant of execution has
passed.
Proponents:
Charles McGuigan, Attorney General
Chuck Schroyer, State's Attorney Association
Patty Warkenthien, Department of Corrections
Opponents:
Ken Meyer, SD Peace and Justice Center
Presented by:
Mike Buenger, Unified Judicial System
HB 1054:
to revise the definition of consanguinity and affinity in challenges for cause in jury
trials.
Proponents:
Mike Buenger, Unified Judicial System
Presented by:
Mike Buenger, Unified Judicial System
MOTION:
AMEND HB 1054
r-1054
On page
4
,
line
6 of the printed bill
,
delete "
of
"
and insert "
or
"
.
Moved by:
Representative Hagg
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1054 AS AMENDED
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Moore, Volesky
Excused:
de Hueck
MOTION:
PLACE HB 1054 ON CONSENT
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Moore
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Solum
Second by:
Representative Rost
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary